The foreign individual’s ‘exceptional ability’ must be in the sciences, arts or business and will substantially benefit prospectively the national economy, cultural or educational interests or welfare of the U.S. ‘Exceptional ability’ means a degree of expertise significantly above that ordinarily encountered in the sciences, arts or business. To be considered a person of exceptional… Read More
FAQs about Immigrant Petition Requirements
What are the requirements of the employment based second preference category to qualify as a ‘member of the professions holding an advanced degree’?
The position must require at least a U.S. master’s degree or higher (or a foreign equivalent degree) and the foreign individual must possess a U.S. master’s degree or higher (or a foreign equivalent degree) or a U.S. bachelor’s degree (or a foreign equivalent degree) plus 5 years of progressive post bachelor degree experience.
What are the requirements of the employment based second preference category?
The foreign worker may qualify for the employment based third preference category if s/he is a member of the professions holding an advanced degree or has exceptional ability; a certified labor certification application is required (unless a national interest waiver is sought); and the position offered must be full time and permanent (unless a national… Read More
Does the employer have to offer a full time permanent position?
Yes.
Does the employer have to demonstrate an employer/employee relationship with the foreign worker?
Yes. There must be an employer/employee relationship between the U.S. employer and the foreign worker. Generally, the relationship is demonstrated by the fact that the U.S. employer may hire, pay, fire and supervise or otherwise control the foreign worker’s work.
What is a ‘prevailing wage’?
The term ‘prevailing wage’ rate is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. Employers can obtain this wage rate by submitting a request to the National Prevailing Wage Center (NPWC) or by accessing other legitimate sources of information.
